A personal injury is an injury that is caused by another party’s intentional wrongdoing or negligent actions. You file a personal injury claim when you decide to take your grievance before the fault party’s insurer or to court. A personal injury claim is a legal or formal process of demanding compensation for your injuries.
The claim process is usually long and complex. However, in this article, we will try to simplify the process as much as we can. This will give you an idea of what you should expect when filing your claim.
Additionally, you need to have a Middletown personal injury lawyer on your side throughout this process. They will walk you through the steps and ensure you get the best out of your case.
Types of Personal Injury Cases
There are different types of personal injury cases. A few of them are:
- Vehicle Accident: Vehicular accidents take place when someone does not follow the rules of the road. Examples of vehicle accidents are car, bicycle, pedestrian, or truck accidents.
- Workplace Accident: A workplace accident is when a worker gets hurt while in the line of duty. Workers with on-the-job injuries are entitled to workers’ compensation.
- Medical Malpractice: Medical malpractice cases happen as a result of an error on the part of a healthcare provider, e.g., doctor, nurse, nursing home staff, pharmacist, surgeon, etc.
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What Are the Stages in a Personal Injury Claim?
We have mentioned that a personal injury claim can be complicated if you do not know the steps involved. So, below are five of the major stages you can expect to go through in a personal injury case.
Contacting a Personal Injury Lawyer
A personal injury lawyer is someone who provides legal assistance to those who are hurt because of another’s negligence. They help plaintiffs to fight for their compensation. Some people think they can do without personal injury lawyers. However, it is advisable to contact one when filing your claim.
Getting Medical Care
Failure to go to the hospital after your injury can be harmful to your injury claim. For example, if you do not seek medical care, the defendant’s lawyer might say your injuries are not as severe as you claim. This may then lead to you getting less compensation than you deserve.
At the hospital, the doctors will assess your injuries to determine:
- All the possible injuries you have, externally and internally
- The total cost of treatment
- How long the wounds will take to heal
- If there is any long-term impact of the injuries
Furthermore, the medical report you get from the hospital is an important piece of evidence for your claim.
Gathering of Evidence
Evidence plays a huge role in swinging the personal injury claim in your favor. This is why the gathering of evidence is a very crucial stage in an injury claim. This evidence can be pictures of the accident scene, medical reports, police reports, eyewitness testimonies, etc. You should record and keep every possible detail you remember about the accident. This will help your case greatly.
The negotiation stage is when the plaintiff’s team and the defendant’s team agree on a settlement out of court. Your lawyer will give an approximation of how much your compensation should be, and the defendant’s lawyer will let you know if they agree with that amount. If they do not agree, they will provide a counter offer. There will then be a series of back and forth till they settle.
Reach a Settlement or Go to Trial
If, after the previous stage, the two parties reach an agreement, they will settle the claim out of court. Then, the plaintiff will get the compensation that the two parties agreed on. But, on the other hand, they will take the case to trial if it is impossible to settle.
In the trial, the jury will determine if the defendant was indeed at fault for your injuries. Then they will proceed to assess the evidence and your injuries to determine how much you will get for damages.
Hire a Skilled Middletown Personal Injury Lawyer from Injured CT
At Injured CT, our trusted and experienced Middletown personal injury lawyers provide our clients with professional legal services. We have a personal commitment to our client’s cases, and we are determined to ensure you get the best representation. In addition, our attorneys have the needed knowledge about the legal process, which means we are ready for any possible contingency. Contact us for a free case review.